UNNIKRISHNAN K M Vs. MANAGER

JUDGEMENT

(1.) The point that arises for decision in this appeal is whether the claim of the dependent of an employee to get appointment under the dying-in-harness scheme in an Aided School, could be defeated by the Manager, on the ground that the application for the same, though submitted within the prescribed time limit, was not in the prescribed format. The 4th respondent in the Writ Petition is the appellant and the writ petitioners are respondents 1 to 4 herein.

(2.) The skeletal facts, necessary for the disposal of the appeal, are the following:

(3.) The claim of the appellant, raised in the Writ Petition, was resisted by respondents 1 to 4, mainly urging two points. The first point was that he was gainfully employed elsewhere and therefore, not interested in the employment under the School. Secondly, it was pointed out that his application for employment was submitted beyond the time limit of two years, prescribed in GO.(P)No. 12/99/P&ARD dated 24.05.1999, governing appointment under the dying-in-harness scheme in Government service. The said G.O. will mutatis mutandis apply to employment under the dying-in-harness scheme in Aided Schools, by virtue of Rule 51B of Chap.XIVA and Rule 9A of Chap.XXIV of the Kerala Education Rules (for short, K.E.R.). The writ petitioners canvassed for the position that the first application put in by the mother of the appellant, cannot be treated as an application at all, for the following two reasons: (1) The person, claiming employment, has not made the application and (2) It is not submitted in the prescribed format. The learned Single Judge accepted the said contention and held that since the application was not submitted in the format prescribed under the aforementioned Government Order, within the time limit of two years, the appellant's claim was liable to be rejected. As a result, the impugned orders were quashed to the extent, they were in favour of the appellant. Feeling aggrieved by the said decision of the learned Single Judge, this appeal is preferred.